A FEDERAL EMPLOYEE BILL OF RIGHTS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP74B00415R000600040002-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 58
• Document Creation Date: December 9, 2016
• Document Release Date: August 15, 2001
• Sequence Number: 2
• Publication Date: May 11, 1971
• Content Type: STATEMENT

Approved fo~fease 2001/0>~/20 : CIA-RDP74B0041~00600040002-6
?~~ ~ ( I
~^ l~~iL t,tiE. ~: [. ~~ li,il ,. ~;, I !' ._ r.4 ...-i~:.'JYi C.:; ~;~ r 1..:~
'.J vL,+ra lSl l(. 1.. .irr ~, _.'~~~"1~:.. fi ', L? 'vj~~i~ ?~ .~l: 3liL
frSY ! 's J ! T
./ !il il:o.,?..}._~. .'d~~~~ti... .e\. r-~. !i.t k ,.-S!; ~~.J f~~ iI S.J .. ~, .1 ~J~ ),6 ~..) 5. .. ~1,.!!\7: i '(~....
~. l: r.
..._?Jl I I, S {..' ~. i-. -: ~. ~~,, '..7 At.~: ~i v., i?~L i?~ Y ill ?~: iL, r r?.~ ~~r~ i I f~i i r ~ ~ [[ ~~
.iV { c ,.. 5 ~1f.
.~,~ .Llnii_ t~~~6i. L... i~7?iv ~!1 E.. c.. ~'~.. ~. Jfi. ~'t ,JOit~' !tl?\f( ..,, i.i ~:..'~ ;, i . ..
is J.I .. ....
.I lI $~s}'rtr.. : "',{I._.. .i~ iricJ .. ... l.'if x. ...,.~ ~ ~-~ r .. -~~ S l:r i~ ..
i i\C:?r,t,.., '? {;'_ Li~.:.~i) !.;l.Si'.l.fty'Ai.:!
1. 5 :c'~ .If. LL. .% 7',. L.. ~'. ,x!...! ,~:.~+ ~.)~. i.'7J..L l,'I' if4:'rr?..~~
~C... ~.1
~' t.t..I~~ r~tTlt~ uG( V`'.E+ ! f~~j.) rv; ~! .. i f ~_. ~! i)sJ',. :." "~- ~( ,`r f_ '' " ,r
~';7`..~ L~.~i. l/Y tf.~.r. ~ tyr ;t~G ~~~I3'~{.i if li4LU ;~.... ., ~ -_(~, ~) 't:i. ~~4, r~Vr 1,~: ~~ .. _r.rt !". a :icl
,J: \,t\ r C..r .>~ ~ ~Li .~'" ai~~~lLaltei
,i .:[ ~I 3,6. ._ae.. l.rV~i .~ r4 Li+"a ll~4l.ii (.~~ ~l~l'~ 1.~. ~. _.. 7..i,i.. 'l.iY~ i. ~.i:? ,..~:V `..r,~i~
../ fiL!~If., ~ 1} E J i ..G7 \ tl.?(;~ ,irir LU.'.. 71 i.~..~r.. Yr' .~~ ". ~ .,. .~
~ ri it i? ~!~ rL ~ r.:i~E:!`i7 i ~?..'!'.~ ..:~.L .(~:."t~ ~i.C i.~t~ ,:~i-~ .'1....J~y
l1 ~~ I .r J r~ (-. ~ i~ L :...l ! t',. .~" ; , }... C i . : a_ .1 i
:'d'i.1 ..1,.._ .:i `~.f..I~ 1)V 11:~ S\ SL..i`:?i1J, ) .r.. .r {~ ~Y.. "~.~I..~(S `'...~
I~
~,FL" , ~ ~: T r
f ~~. `~~. ~.. :!~ c~T. ': ~:.. i,l "t. iLiiAl.~l't.. 1~:?...%a.tiYli .t. ~.i ~)- ~. '}~'~ l.t .!_i~T ._~~~~L ~j~r. ~ ~~:i;.
.. ~. ...
J ~vt~L~. f, II', ... ~~~~k\2`~ .... :'ii. Ltrjl/:ll `fvL ..?1 ~~~:. U....i~~ ~.,'r. JLf"ilfli. ~~`i ..~...t;' t.'ti
,.
sir?! ~'7Ifl'',.,
1'Ff~: ~i-i-iGt ~`r!.I - CI'st.~ ~., ,i.S r ._,; . r,,~ 1~ ~..
Approved'~or elease ~~0~'~~/2~ : CIS-F~~f~~?0415R0~06~06`~40002-6
i.. >.,'"~~` '-4'??t~t!t~l:tJu'C' 7{i~: t)!,v . ,:'; '.ECO. ~'i ;~'a
J..~~ i tic.
 Approved Folease 2001/08/20 CIA-RDP74B004000600040002-6
I
!hILE I.+IPLUYLES LISTE E ;"'OUT J':` II' r!r ? :, I.fc r~
l a? .J .. .J J
P...~.
~'Fri'J il'r r:)C 1,`1! .EPi-.ll J I.,
!`r Jv +it1/~.. t :1 .. 1~,Jx 7 V i~ii~vil ;'1:,,:T
T -,IL
I 1 .11. 1'~ {?1 S 1, t,. OF I ,.{C r . .I TI r ~ r, (
I i L11i1J 1~~' ~rf- 1r L.J E THIS
4l] L y
TJ EF E i.JJ',5 ATIU: a -- t!HAT i`A GREAT
THli~iii ' IT t?JAS Ti IL
- I, _- i L~V ELI\ "UL-1
r i1ieU fl4t'~ :' lJ L trf0lIiCEI-~ ~RLD
''
..IS T YPE C %v ;Ti It;,+,TIU!`J" IS i;Z,'kLLY JOT TOO FA i REI 13 l~r;? E' ~O: THE
JvE IN
`-, }tit' JRKE S 1LF?.'L. CALLLU TO RE G ;i;1PRES '!
i.,' T i LC SCRLE'i'J TO
Or
II(; JI.l,JTLS OF lh ~T`
?:i';L.,IES OF 'J I = f'`,,_,'0T1
9L1;
rPLOYEES RIGHT' ilIT~i '~Lltr'ls',~ lz.' r>il ;'r C TSIUE ?'CTI~JIIIES ~y
e.., .. ~, ,. IJ r, ;?~ I t~l. r1 Tt ,C-~.,i;'j. ll, f
E 1 TlIIs M iC "G TIDE Ti ; ~, ` HE rr?,C
F /it L'oicS r L
' r E 1
J s
' t 11i E; I
LIST" OF 0iZCii iJ .4x~..t~I I''J
IUS
Tm+cY ARE I,.,iLE.E'S. H CIVIL St- t '10E ~~;I~,ISSr '! v?": 21 ; IORA `3r 10:` i :)ICY'?1 .
kE.(?l s`.E.J )'t,,,IV1dU;',L TO LI` ! ? " ';rr.:I~rllTIr`::v .,i :!NILfI ,'4J FILtr~'; (PAST
SE1JT) O HF,!i !C-:{-t:i isl:rtL lr fl.!P ICi i"I.10C.
( JJ Y1II. f~ L t ( 5
.LITIC4i.. f~lrF ILIiCi II,1.17 / 1II S?.j 5.,'r C,., -C 6 )[
~., ?.? \ .il Jt!'? s i r , r\ ., i'v' ifE.
i1. FI,'.J F !!, i. :.' r.J ni OiH~ IF ,`~t..r EL " n{?l~`` o'J'
~. 1 0Y E'v U~1. wJ r .. :Ali i i9L Pill L,?.l
.t l T i 1 ,J r r
1Sl`f.0Ioc I t ~i 1l G
~,i4. I l V4 r1i.L. f'~LII'iL ~.J/..,t~, i:~rSlil
El) GIIII CJ. IS 9: ilti(.? II't)L!t_ 'i:C fill SL L.I::{ L"r: t.: i11i,rC ", LEFT it
I {'. 1VL GY9 J. 1 /Yc:-:LV ;1J lJ ?- f,Lr,l i.f.. IC:SI J\ ., it-1 : If TL. ERS it:i
J\L EXPE .E., .. .I ' iOOE1R FT ., .. Hr" ':r , r?, n
: ~ rr
r ILL
i 1"~i'',, ,' S!
L 40.5 .`Y
e. IiJt_l:CIES ~.. ~.Si`fitT R lr
, IILLY Ir T J' T.. E
.Lf it ,.1,t ..li S-L L!? Ilft~.~,.. i1i .i\
tl,~'I"`iTI ,
vt ,vIJ 'V 9 : LICJl1~'ii1 L. i'U r,51 r , ''LJ P `' P, 7
C t
:L
vi1LLl v 1 . : C ~ i t Y'. PROSPECTIVE '7: PL~.%,,..
' E. BY TI.,;.. r 001.: ,."r?. ?t t i OUT P.s ~; ;! i "i I EEE
RU
PE
fr;Iii ,`1 ri1 LIl 1-1 'D "-- i ti 9 ?r c' LIVES
41 .`~ *4 U r L < I f~
.tf.VOIEW 1.,~'~' R l,f? ~ , ~r'. r -_
I JI ~ ,e i r vY irk f' v t',L . CC w/i)V i I : t I, O Ci ( "r ? ,, ' U I T
NJL.}I^ "VI-)P1 Ji ?ain' f \ EES 0 +~EVEAL (t:1' P nJ Ei~IL. .U' T P ?EI
L
Fv t :
rT IIU'! S ON CfA TL: .{ i.fil\LLATED iU T CLii\ Ji'ItLII '.L~Jt^~J ,.. ) I-HIL ,!"Y -?I
C C U
LI
? i A J: 've ,., Ic, I1 [
` `' T11`il 'C?~' .?r' +.)1^~).' ,} ~^"`' '~~^r: , C r^',f r'?i l
.
p
C
77
L GIRy PPI. YyI~.. f%1t\ :t' SU IC'ILE~, SU\` 'f i1 I.?:L l1UC.', I 41
L -C STI
i?u~ t1Fi ,l' ,. PERSONAL Q;,; ST li/ ' 'S. yy ll C~? r r; I P1/ V-HOSE !1 r `U ' it 1 SErr;
:i:..r. 1t UC?f,l.?t l ~.,; J,,, CI,`t i! TO :1V I.1t'i f:i..i1 r,:Ui L
t
"iJVLJ 'J!ITH HER ' u'!F-\IL,!u.
i 1~ ii'? i ~}' ~~C?f: r' rV. Tn r Vt 00UC.^.-rl~. 7
r E,. r!1~ r J .S wt).,. 111 1.12'.; At .,.+M, 1I,'t 11t`iY ) iA ,121...1,, l V iL: NATIONAL
01TY, W SOLE, 050E:ti h.iU`r. )'` " ?~t;-, ,. V r1.. ,,
(~ 171"11;_11. lii[ I' ,.\i+I.lr`CY 4\kI:,SJIS l I+ } I ENT
"LIKES,
Approved For Release 2001/08/20 : CIA-RDP74B00415R000600040002-6
 e 2001/08/20: CIA-RDP74B00415R 00040002-6
. '~ apt IC. SSW
Lr+ frro sr.a-~.~ n}
.. .. c.. rJ \r'~?VVVa
r :t
.. tY~o 4 ~ r,t W ~ i.a
~ RV
cw
~',W..:~: ar?..~l,;a:~ :,X~? "e.'w.se:w:/ .mow:.. _~... .....:t..,,.,.... ~x...,w .._....,.w.,.
6w ''a y7 Y ~''}4:~Y
Approve Fnr Release, Q( 1/08J 9 IAr:RQP74P Q415R000,6,Q004 3Q02-6
 `~. :~.S~tlr 6i
Z'O
Nr:;r ?. 4+.-. :.v< w.i i.at ~,'t i.... .t....._....., r .......w ...i.:~.I_
'iLotlc e /?. eS;, ~I L Said
1 R
-te x. ac y.l.~...i. c'a
a s1 v-? l .I.74CaU? :
`~ is .:... ..J ?-:`Y.lu
cy.
?'.1 OT ,r. '..R :r. ,r._, .r,? ?p h -yam,,. 1* +. I Af
hi-
Approved For Release 2001/08/20 ;, CI F2DP74B00415R00060Q040A02 _C
 Approved Forlease 2001/08/20 CIA-RDP74B004100600040002-6
C A~ aJEO J~
..a 4 V`.1,- UvC.t t... !. .....Y..~?IJ ._r...l,+ .a.. fit"~ You
.t.
- ..
2r._'. ii ~._, c/ ~,. la
S. 'L..._ You
L. :,J ?~ ..: 1 w ... ?i
? ` t.I L';r ~~t?(.>1 F = ~"., ' ?~Tt C: .a Mau. ,._t.uu
._% ~ ., ~r ,. _ ....s ....... ~.. L1 it i.,l..,
L Ll0`J UtL:::.:V:.. L4..:. ?i ~2~..?L'.: .,,_ is +.'i c ._,~
r- ,
L1 .. _..)_.. i=)
,.1.~ .. .! lr:.:. o r .y. .d-C..'r~v1 ....C. ':l > ~11.+y; o~a ~~?, J_. i ~+y ...j . J .~ .,.. ..
Of { ?'ra i n,w.. r i c
C. -1 j - 4i Approved For Release 2001/08/20: CIA-RDP74B00415R000600040002-6
-.C.. nY CS._..:.J .~. ~'O L 'o:~. . v~. '?a R_ i. ..._ c.~L: C. rJ '" ~, ~. v...ti .: ?.~a_?
 Approved Forlease 2001/08/20 : CIA-RDP74B0041A-A
00600040002-6
J.Z
Approved For Release 2001/08/20 : CIA-RDP74B00415R000600040002-6
 found that the government was pursuing some other inquiries and.
stigations w1h RYe~i FA I~ ~ ~~(~u~ s IA- 4Pt~1 ~g4f~ 4~~~q4 ~~ din;
istration equal employment goals, ts beautification progrmun and other
political and economic plans, employees were told in regulations, and
-t?ily,to go out and use their own time to lobby for open housing legislation
municipal ordinances on civil rights, to work in ghettoes, paint fences,
Crass seed, support the Urban League and the NAACP, and to engage in many
suggested community activities.
They were then told to report back to their supervisors what they had
When one large group of employees asked what would happen if they
not do such things, they were told they would be considered uncooperative
that their personnel files would reflect their attitudes.
Under our Constitution, it seemed to me that a man can certainly decide
himself whether he wants to be politically or socially active in his
iunity. If he wants to be silent and do nothing at all, that is his
sines, There is nothing in the Constitution saying that just because he
_rks for government he should have to report to his supervisor that he
refers to go fishing on Saturday instead. of demonstrating for a government-
.upported cause.
Yet apparently, this is the word passed from the White House by its civil
;iChts executive order to the Civil Service Commission and down to the
:apartment and agency officials all over the ccuntry.
Apparently, too, things have not changed all that much. The Subcommittee
Dn Constitutional fights received complaints that some employees were "urged"
t~ take part in Veterans Day activities to show their support for the
Administration.
I
Approved For Release 2001/08/20 : CIA-RDP74B00415R000600040002-6
 Approved Forease 2001/08/20 ,CIA-RDP74B004100600040002-6
,1 recent press release issued by the Civil Service Commission, and I
;a it here, states that "a new program to facilitate voluntary service by
iera1 employees has been launched by the Civil Service Commission Ciao r an
of of the President's program to strengthen voluntary activity in the
ted States . " It further stated:
"Based on experience in a.rnodel developed in the Washington
area by the Civil Service Commission, Chairman Hampton has urged
Federal Executive Boards and Federal. Executive Associations through-
out the cDuntry to develop similar methods for matching the volunteer
needs in the community with the skills of Federal employees willing
to volunteer their services. He suggested that appropriate Federal
officials in local communities contact local Health and Welfare
Councils and explore with them the needs for volunteer service and
then get the word to Federal employees in the area about the services
needed. He further suggested the establishment of a separate office
manned by volunteers which would list the volunteer openings and
match therm against the Federal employees who indicated a willingness
to serve,
though Mr. Griner of the American Federrtion of Government Employees, Dufense
"The experimental project in the Washington area has been
highly successful. In a period of 3 months, approximately 300
federal employees accepted. volunteer assignments from 109
different voluntary agencies. These were in urban service
centers, community schools, hospitals, and playgrounds and included,
among other things, tutoring, teaching arts and drama, community
action, services to handicapped, sports and recreation, and services
to children. The Federal employees came from 60 different Federal
agencies.
Expanding this idea to other communities will give the
charitable agencies much needed voluntary manpow,,er, Chairman
Hampton said. Federal Executive Boards are located, in 25 large
metropolitan areas. Extension of the Washington model to
other c.ommu-nities was carried out in cooperation with the Office
of Voluntary Action, the staff arm of the Cabinet Committee on
Voluntary Action established by President Nixon last May."
It.is too soon to tell how this new Commission program twill workout, but
it seems they would have learned the lessons of the past. They have also failed
to recognize the truth I learned in the infantry from World War I: That a
request from a superior is equivalent to a command.
One example of the implementation of such a program came to my attention
11Community Relations Questionnaire" which asked whether the employee is a
Supply Agency employees at Rough and Ready Island in California were g:iv(.:r~
Member of service groups, such as Kiwanis, Rotary and others; whether he is
amember of educational, civil or similar community committees, such as
Charmber,s of Commerce, and others; whether he is a member of professional
associations or organizations and which ones; and whether he has membershi~)
in local PTA's and churches. I concluded from this that the agency had some
augh and Ready"policics ,
Approved For Release 2001/08/20 : CIA-RDP74B00415R000600040002-6
 Approved Forease 2001/08/20: CIA-RDP74B004100600040002-6
5
The cuestionnaire states at the bottom that it is "required to be
3 December 1/70."
I sent a letter inquiring about any departmental directives authorizing
such questionnaires and received a reply from the staff director of Civilian
personnel telling the Subcommittee that "the participation of Defense Su rpl.y
Gency employees, as individuals, in community activities is recognized as an
in,portant factor in sustaining mutual acceptance, respect, cooperation and an
appreciation by the agency personnel and community affected by their operations."
returned to your supervisor not later than the close of business
He said that the questionnaire resulted from a "well intentioned but imperfectly
communicated desire by the public affairs officer to gunge the approximate extent
of community activities based upon information voluntarily provided by employees."
He further stated, "The questionnaire' was distributed with verbal instructions
that its completion was voluntary on the part of the employee, whereas the
questionnaire itself stated it was required to be turned in."
It seems that in a recent cDmmunication to the Secretary of Defense;,
General Iiedlund had identified as?a management challenge "Learning to recognize
and understand growing individualism and activism in today's society as these
relate to personnel management." The General's word had become an order.
When he heard these complaints, this personnel officer attempted to
perform his duty. He issued a directive telling supervisors to be careful
about their expression of interest in non-work matters and to encourage their
staffs always "to be concerned with preventing such misunderstandings by
limiting employee inquiries, written or oral, to matters clearly connected
with the employee's work."
It is hard for me to see how personnel officers and supervisors can follow
this rule of reason when their political superiors have made it clear they are
to do just the opposite. There is no way to avoid such wholesale inquiries
into the employee's private life as long as the government makes clear its
desire that he go out and support programs and policies which it endorses.
We also fDund that employees were ordered to attend meetings called or
sponsored by their agencies or supervisors in order to guide their thinking
on sociological and political issues which had nothing to do with their jobs.
Approved For Release 2001/08/20: CIA-RDP74B00415R000600040062-6
67
 Approved ForIease 2001/08/20: CIA-RDP74B004100600040002-6
-6
With one complaint of such attempted indoctrination of employees at a
Federal installation, a civil servant unclosed a memorandum taken from el
bulletin board stating the time, place, and date of a lecture by a sociology
profcss-)r on the subject of the importance of racial integration.
Attendance
was 'to be voluntary but the notice stated that.a record would be made of those
the Constitution to take note of attendance at government-sponsored or governrnent-
endorsed meetings and lectures.
Here again, there is no sign that things have changed very much in the
Federal i,ervice. For example, our Subcommittee has received many employee
complaints about the sensitivity-sessions they are required to attend to change
their "cultural attitudes and behavior" on racial issues, equal rights for
held under the auspices of the government. Nor were they authorized under
68
attending or not attending.
To my mindsuch programs constituted official intimidation of citizens
to conform their thinking on public issues to those of the Administration.
I found nothing in the Constitution which authorized officials of the
employee's department to require attendance at such brairr-washing sessions
women and the role of minority groups. I an, told this is being done under
the equal employment order issued by President Johnson to promote civil ri-hts
in government. In these out-of-town meetings run by psychologists and other
behavioral scientists, people are subjected to emotionally-charged situations
deliberately staged to manipulate and provoke human emotions in sensitive
matters of the. intellect and personality.
The reports received from employees and other members of Congress about
the way IIEW programs were operating were so disturbing that I asked Secretary
Richardson to investigate the matter and suspend the sessions pending his
report. I also asked hira to answer some simple questions so I and other
members could advise employees of their rights, since these people could gut
no answers from their supervisors.
That was on March 19, and to date., the Subcommittee has received no reply
from the ,Department.
In relaying these complaints, I also informed the Secretary,
"It has become clear from the complaints by responsible
employees, from reports by acknowledgeable exports in the fields
of l.bor-r,anagement relations and from psychiatrists, psychologists
Approved For Release 2001/08/20 : CIA-RDP74B00415R000600040002-6
 Approved For "ape 2001/0,/20 CIA-RDP74B004150600040002-6
civil rights activists stressing how whites were hated and what these people
On the basis of my own investi~ at ion, lam convinced that the
and specialists in human-relations, as well as from my own studies
of this matter, that this progrsln goes far beyond the needs of
personnel training in any department; or agency of governme>, t .
,~;'.~y>i of this progralli and the tC chniCyucs used in some of the scs loi..~
;.:,m unt to economic coercion of the individual to submit to official
at cmmpts. to control his thoughts and emotions in ways completely
uncalled for in the employment relationship. However use 'al such
t,eelrnicues may be for treating psychiatric problems in private
^~actice on a voluntary basis, it is not the business of government
Lnfiict them on its employees.
The Subcommittee study has amply demonstrated the need for more
governs ental recognition of the constitutional rights which employees
possess as citizens. No one, therefore can fault a management
training program to teach. better understanding of management duties
and, to (develop the ability to deal with the human relations aspect
ofa job. However, there arc well-established methods of instilling
and teaching the principles and personnel techniques involved in such
duties. It is tyranny over the mind of the grossest sort to subject
employees to a probe of their psyches, to provoke or even require
disclosure of their intimate attitudes and beliefs.
Even the soundest professional. supporters of such techniques
have emphasized the need for voluntary, enthusiastic participation
by the individual. From the reports received by the ubcorrimLttee,
it appears that there is not even a gesture toward voluntarism in
the goverru,ment programs. Rather, employees have been ordered to
leave their homes and families at some hardship and live for a
period in seclusion with fellow employees and superv:i.sors, while
being subject to psychological encounter sessions. Pcsple who
protest have been given the option of refusing to disobey an order
or of requesting an exemption on psychiatric or emotional grounds."
An Agriculture employee writes: "During our two and a half day session
on Civil Rights, we were subjected to hearing lectures, speeches, stories,
songs or what have you which in many instances were full of foul language
oven to the point of being vulgar (morally crude, offensive, earthy, profane)
and obscene (disgusting to the senses, repulsive)."
Other employees of that Department wrote about being required to watch
films and to listen to tape recordings of speeches by Dick Gregory and other
Clearly,
productive for the." Administration's purposes.
demonstrate, they are counter-
There are many other ways Government attempts to intimidate the private
thoughts and behavior of people who work for it.
One of the most serious, however, is the economic coercion of those
citizens to invest their money in U.S. Savings Bonds, or to donate to
Approved For Release 2001/08/20: CIA-RDP74B00415R000600040002-6
such sessions intrude on First Amendment
 F ..
AL~A
Approved For Ease 2001/08/20: CIA-RDP74Bb04150600040002-6
;..-ions because employees' ,w;cnted to make their own decisions about how they
.)risals, threats of loss of security clearances, and other official adverse
ritablc causes. Congress has received many reports of black-listin
unproducLive route for employees to appeal such actions or for Congress to
invost gate theta. The many cases received by the Subcommittee proved the
:Iced for a plain statement in the law that such coercion of a person's frccd.,rn
thought and action is prohibited.
-:inated or invested their earnings. It is a long, unpleasant, and often
nforcement Machinery
On the basis of complaints on these and many other privacy invasions,
to protect the rights of citizens who work for government. It is sometimes
impossible for him to challenge unconstitutional governmental programs or
unconstitutional demands on him for information. He is without the legal statutory
it was clear to me and the cosponsors of this proposal that the law fails ;ally
right to have counsel or someone else with him if he wishes in sessions which
may result in disciplinary actions. He is denied or inhibited from pursuing
any administrative remedies. He is refused access to the courts under laws
and judicial decisions which would leave such programs to the discretion of
the executive branch.
So, in addition to simple prohibitions on unconstitutional actions of
government, my bill also: establishes certain enforcement machinery which
includes a right to counsel in certain cases, a Board on}nployee Rights where
an applicant or employee may obtain a hearing and action on complaints arising
under this Act; and it affords access to the Federal District Court in
arising under this Act.
This bill to protect employee privacy has had widespread public and
editorial support throughout the nation as well as support from employee
unions, and organizations. In fact,, with few exceptions, the only people who
seem against it are those whose power would be limited by it.
Despite the widespread public and congressional support, one would have
thought that with this bill. Z sought to introduce the bubonic plague into the
Federal Service rather than the rule of law. Officials in the previous
admin.strat:ion fought this simple proposal with every resource at its command.
Approved For Release 2001/08/20 : CIA-RDP74B00415R000600040002-6
 Approved For I ase 2001/08/20: CIA-RDP74BOO415 0600040002-6
9_
coinjured up incredible legal ghosts in an uttcmpt to influence the
,;orned or intimidate the faint of heart. However much they vowed to
>cr administrative machinery or to change governmental attitudes, it was
that they had closed their eyes and their minds to the real need for
atory apparatus of the government. It leaves untouched the many conflict
'interest laws, the ethical..conduct codes and all the other laws under which
F;s on the books to protect the ;? irs t Jbnendnent rights of citizens.
I do not think anyone should be misled about the purpose of this bill.
hear some describe it, all. of the ills which beset the Federal Service
;11 be cured by passage of the bill. Others have seized on it a;; the
,.bodiment of all of the forces of Beelzebub.
It should be understood that ray proposal does no more and no less t aan
.:"at it states in plain English,so that every political executive in the
:dcral Government will have notice of the constitutional limits of his
Jwcr in certain specified matters. It leaves untouched the vast investi-
,~loyees are investigated, and often fired,by the Civil Service Commission;
:I, and their departments, for determining their fitness for duty or their
.ae Federal Bureau of Investigation is exempted and there are certain carel'Lully-
exceptions for the two security agencies, the Central Intelligence
?eney and the National Security Agency. These exceptions in S. 782 of last
I=ar were in addition to those contained in the bill which first Massed tl_
-ights Subcommittee, it has been subjected to careful refinement and amendment
meet any legitimate objections. These are listed in the committee report,
91-873, which I have provided to the members of this committee.
In the version passed by the Senate last year and which I have reintroduced,
During the five years we have worked with the bill in the Constitutional
:olation of the criminal, laws or the violation of orders relating; to their
Senate in 1967 as S. 1035.
1 have not attempted to describe all of the features of the bill, but
.il offer for the record a?legislative analysis of it and several memoranda
:elating to it.
Approved For Release 2001/08/20 : CIA-RDP74B00415R000600040002-6
 A, A
Approved For Lase 2001/08/20: CIA-RDP74BO0415 0600040002-6
aeti law on everything the executive branch should not do to its employees.
jty sponsorship of this legislation does not -imply t,o1,a belief that there
are many things dont in the name of worthy purposes which are foolsh,
: s and their follies.
:ate the Constitution. Nor can Congress legislate against all manner of
wInical, repressive, or self-defeating. But they do not necessarily
It can and should legislate to protect the freedom of the mind which is
w v cnrnent or not.
Individuals should know that they have a legal remedy when economic
scion is used to compel them to speak, think or act against their will
favor of government causes, or about personal matters which are none of
snteeci all citizens under the First Amendment whether they work for
The need for such a remedy is underlined by the directives I have seen
business of government.
.7rni,ssion what grievance 'channels were available to employees who resented
;-peg-in music. After receiving complaints about this subject, I asked the
"itude toward privacy is revealed by their response to my inquiry about
Nor does the remedy rest with the Civil Service Commission. Their
uired be join. to assure their First Amendment right to privacy.
.'tall employees and applicants are members of unions nor should they be
;uinst going; to the press or to Congress with their grievances. Furthermore,
:a~act members.of Congress without reporting it to their supervisors.
Nor can employee unions and organizations completely protect against such
.: ,2laints, although within their limited resources, they have been increasingly
..'ivc in protecting privacy. In this connection I am reminded of the union
::ncern in the last Congress when a Pentagon personnel official warned unions
It is underlined by the written and verbal "gag-rules" ordering employees
to tell Congress about their problems and, in some cases, even not to
,:fors who could take action on problems.
:ccntly prohibiting employees from contacting personnel offices and super-
The Commission sent me a long
Approved For Release'2001/08/20: CIA-RDP74B00415R000600040002-6
:.wing to work by piped-in-music, some of it raucous "hill-billy" or jazz.
:.isted whereby an agency could involve its employees in the decision about
`.thout expressing any opinion on the matter, I asked whether any rules
 Approved For ase 2001/08/20 CIA-RDP74Bd0410600040002-6 7'
~4Cr ar ui rif; that the Supreme Court has held there is no con ti. utioi'.a.1.
Y4't jc s and instruments . Some of these raise constitutional 1 sue`; . So,nc
(neat computer systems, by the new technology with all its soi)h:iaticatcci
Undreamed of privacy invasions arc bciri; made possible or furthered
nds of daily living, whether they =c in the city or the country.
t to be free of music on buses and that people had to get used to the
o nct
The time has come, I believe, for Congress to consider establishing; a
tribunal independent of the Civil Service Commission, to hear and judge the
jury complaints of violation of privacy rights of employees.
The Civil Service Commission was created to be the handmaiden of the
,:eief Executive and to pursue his mandates in the general management of the
ederal Service. Its staff have an unbelievable burden to carry to assure
the responsible and efficient operation of the Federal Service. Too often,
passage of the employee privacy legislation before you.
But I do not see such a body or any other laws as alternatives to
new employee problems. I think it bears exploration.
This is not a new idea, but one which may have new urgency with the
on the grace of the Civil Service Commission.
lams, not executive orders; on the application of due process of law, not
cons titutiona].
any/rights employees possess have been administered and implemented by the
ConLmission, and the energy and zeal behind them has come from the good will and
good faith of Commission members dependent on staffing, time and resources.
The impetus for their enforcement often stems from political pressure with
help from the courts.
We live in a government of laws, not of men. The constitutional rights
of citizens, even those who work for the Federal O.overnment,should depend on
I therefore urge the immediate enactment of that legislation, unencumbered,
undiluted, and in the form twice passed by the Senate.
Approved For Release 2001/08/20 : CIA-RDP74B00415R000~,00040002-6
 Approved For Rise 2001/08/20 : CIA-RDP74B0'0415F 1600040002-6
~,...~. j. / ._ -1.. .... Ll it G>.. .. -... \l ..? 4I hG:1[J
v J.,t V r..: ~r m:) le J i s 41 l... l Yh .. u
tr.L e., Ctc ,'. 9 E cL r. v ? .~.. :.,.. .....5.,! iJ ..:.',.,3._~ t...; ' a~'i{,y.~..f,>?4r.:~.'. P ,...e w.:'.a.: r'yr~i v'r.?
u..,.....'.. t.::J..r :L.U ..S. j
.1... .:: ?.9 .L 1.}.:. Lai 01-i.;
'_
1,61 T LO
dstic'..ial : 1t...a c ._...
V.._.dsVOfa,ac.`,. r?.}..:. y. ..... ~:~ v .c ..._. 4.ti..... _1... wr C.F J+~~.t _... ~ ..z
v v... S.o'...~ ,/ ;t,! .t ~.,... -_.l ..... _.._ 4 ~... vti.=.,,.,~'
aac
L ~~:'?: ._.. v ... .:> :. ... ..i. '.-? `~" ....: ~..'.'.w a ... ~.._ `.
f....7.1...: u ..y ?: ,la:z V e-??. t.: e.a_t.~..-4: ..rv ..:... ..s_ ..r _., i ' _....... tJ 4i ?.. .r e v 1. .~ s'.7'
that
l'vw ALVVye:~j.. G.i t} 1Lf c.y.A.~ -~~.'r..'.~~ki t... .1 .:." V m...- }..i.~_7 Q,J J. w?. c : w% ...h._...,,. L
is F
.. .,G+.l....y ~Gi....:.`1n
p `'' .. y" s. 1 Y a C
a.-i.i~L.?i/\. f,p..a E?.:~`.r~E.. .! i. Y~. ~f ~r.i^.... 4aL 2'.r4? f ..r3F:..L 1ii4r...~#fd....4
F..~ ' ? r^ . Z l.. , ! . , i X F' ~`! I? :' i ',9 F . .: l - i a?t i 'f ,..,a -~ ,
C...,r.:...__a.:L dJ :. li. 1.. t.,.J .,...~., .... .. ~... V ....~. .... r ? v c... '::t' .:.:.i ,... e ~:J .s.,,... ~ ' of c:i
Approved' For Release 2001/08/20: CIA-RDP74B00415R000600040002-6
 ,~ ..^? R.,` .1 %a (. d 7~, t ?i.~ Y'~ r~ r "1., `~s.~? v I .~.. u ;..`,.':: v W" i~ .~i" '..1.. ?_ r S ~', ~! ,~+5
did. 7-ot-
J
-r?k.` ~ ,'rl .^_l ,.y ~ t ~ ,.~ ..., i., s .L ~. ~ ~.'_. ~., C.. ?.l .3 h.::.1..,t1,~. .. .~.'4..
.(.. . .; 11 i rv ~`: I.., lY /'l5 ~'4". ,._..i s.. V r5 .- ..~. ...i r. .... V~ .._... ,..?.~. .` _~~?. ~. 1..s 1. ... .. ~.., .... .t1
d x4 yr. ...11 ~"c)Yi.~t.b t?~.. .'w.4U .G....S't.. s.. ,r tom". ~f .1 '1 .Y.~`-. .t_,~iPJ k
^p ~'!~~r~~ N : k ~'-^r Y: ?.. b :.ri p"r is .w~/'~ { 1._.#-(t ..~.e 1ry C,. -. .. J...
o N7 ~.i r.:...... X4.7:.:. 4: J ',1... :. i/ .. r.I'.:l..~v 'rte! u
...... _.. ..".. .,o ~' ~4 4.
to
{... _....J: :'>.... c: LJN~o ~~. :~L~.~ ~.`~'C: r...z._.: ..._ J..._..St .. 1',.""" -~-?"'w r",' is>r',v z w,'.?YA T C_.,.?,_', _-.... "..`' ~'... +a, _.__'.
t .., cn of
Approved For Release 2001/08/20 : CIA-RDP74B00415R00060D040002-6
Approved Fe lease 2001/08/20 : CIA-RDP74B00R000600040002-6
?,, c^~y ~+?/q L`~ J7._ EFryLC C- G i01'+Ces CJ }i.~ .
s A w.'~'? a wr L'
rw
? r.c.. _ .'~ :) ./ c>~ ~..... d~. ',J rI r~, v. t.... s_'~,?~e .._ t ?
 Approved ( Release 2001/08/20: CIA-RDP74B0c. R000600040002-6
`: S.r.f,. cl 6.~>t?~ .iV. ?.C Y F' i ,y ~.. .i-s a "..; .: ..} J`_L eJ.~. ~'~.. +.__d. --Rti .l..S .-. i...-r_ .. z t+. ~
koy
lf:t ....~i ';jr ?zi/y ~~'n re,.'.il 4,i?i1.,1.. F1F..._ .L ....,....... ..
,ezt=: c u :t~ r.... a. ~ ~ti,. ~?. ._a.... .. v S(y i , v SJ ,.?. ` D._.~wr
//e/~;y sJ?L.-ems ,+~,qq c:. 4 L..... ~.._ .. ..__.~ ,~`~, .C: ~i/~~ ~1~..,. vtii.. __ >. ..-,. ....._..i"ro.
s. :.~~ dAV' V ~ (/ ?i.A` 4 .f 4 1b~~J r9
y'~L c:1.. Ffsp rd`v U,l C'.a'i:
~;:"-JGsS.G.v?u~Li 5c?.r,.... _~ v...,:a_ (~ .,.`J